10 December 2013

Suai District Court sentences perpetrator to 12 years imprisonment for attempted murder characterised as domestic violence and arson

ETLJB 10 December 2013 JSMP has released the English translation of its report on a case of attempted murder characterised as domestic violence and arson that was heard in the Suai District Court. The text of the English translation follows.

On 4 December 2013 the Suai District Court sentenced the defendant JJ to 12 years imprisonment for committing the crime of attempted murder against his wife and the crime of the burning his home on 29 May 2013 in Suai.

The public prosecutor alleged that on the evening of 29 May 2013 the defendant used a machete to slash the victim twice on the shoulder and fingers.  In addition the defendant also burned down their house with kerosene. The aforementioned action caused the victim to lose the normal functioning of two fingers.

In relation to these two crimes the public prosecutor charged the defendant for violating Article 23 of the Penal Code regarding attempts to commit a crime as well as Article 138 of the Penal Code on murder and Article 263 of the Penal Code on arson.

“JSMP once again notes the commitment and seriousness of the court in applying appropriate punishments against perpetrators of domestic violence in accordance with the character and seriousness of the crimes committed. This is a major development in the justice system, because as we know domestic violence often has very serious psychological implications for the victim”, said the Executive Director of JSMP, Luis de Oliveira Sampaio.

During the trial the defendant admitted all of the facts alleged against him and expressed his regret and stated that they have since reconciled in accordance with traditional practices. These facts were then corroborated by the victim.

Based on the facts and the mitigating circumstances of the case, the court then concluded the matter and sentenced the defendant to 12 years imprisonment, in accordance with the final recommendations of the public prosecutor.

The sentence of 12 years imprisonment was an accumulation of the crime of attempted murder and arson, which resulted in sentences of 5 and 9 years imprisonment that should have resulted in a sentence of 14 years imprisonment. However the court sentenced the defendant to 12 years imprisonment because he cooperated with the court, expressed regret, has reconciled with the victim and promised not to reoffend in the future.

This case was registered as Case No. 217/PEN/2013 TDS. The hearing was presided over by judge Costãncio Barros Basmery. The Public Prosecution Service was represented by Felismino Garcia Cardoso and the defendant was represented by lawyer Manuel Amaral (trainee) from the Office of the Public Defender. Source: JSMP Press Release 05 December 2013 Edited by Warren L. Wright

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